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Surgical errors are grounds for a medical malpractice action

On Behalf of | Sep 7, 2023 | Medical Malpractice

Surgeons working in New York hospitals are highly skilled professionals that thousands of patients trust to perform life-saving surgeries. However, as many patients can attest to, even the most experienced surgeon can make a mistake while operating. Common surgical mistakes include:

  • Leaving surgical equipment or other foreign object inside the patient’s body.
  • Performing surgery on the wrong body part.
  • Performing an unnecessary procedure.
  • Failing to administer the proper type or amount of medication.
  • Failing to pay attention and negligently severing or puncturing a healthy organ.
  • Failing to properly administer of anesthesia during surgery.

These mistakes can occur for several reasons including physician burnout, lack of proper training, or failure to communicate. No matter the reason, a surgical mistake can result in severe, long-lasting harm to the patient.

Proving medical malpractice

If you suffered an injury due to a surgical mistake, you may be able to file a claim against the surgeon who performed your surgery, the hospital where your surgery was performed, and other medical professionals who participated in your care.

Generally, you should first establish that you were subjected to negligent medical care. Proving that the medical professionals on your case were negligent will require you to establish the following elements:

  • Duty: The party you are suing owed you a duty of care. Generally, all medical professionals have a duty to properly care for their patients.
  • Breach of duty: There was a breach of duty in that the party you are suing failed to adhere to the standard of care that a reasonable professional in similar circumstances would follow.
  • Causation: The breach of duty directly caused you harm.
  • Damages: You suffered actual damages (medical expenses, lost wages, etc.).

In many cases, you may also be able to show that the hospital was vicariously liable for its employees’ negligence and that the hospital negligently hired and trained their staff.

Even the smallest surgical errors can cause a lifetime of problems for patients and their families. Patients may be able to recover significant financial compensation for the suffering they have endured.


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